Generally, one of the requirements for being able to obtain a Permanent Resident Card (“Green Card”) in the United States, includes proof of lawful entry (inspection) or maintaining lawful immigration status at all times.
Foreign nationals that have entered the U.S. without inspection or have resided in the U.S. for more than SIX (6) months may be barred from reentering the U.S. after traveling abroad for a period of THREE (3) to TEN (10) years. This is a big problem, since only individuals that have entered the U.S. lawfully or have maintained lawful immigration at all times can adjust status (apply for a Green Card) pursuant to INA § 245(a).
Under INA §245(i) Life Act, a foreign national that was a principal or derivative beneficiary of an older petition filed on or before April 30, 2001 may be eligible to pay a $1,000 penalty and adjust their status in the U.S. – without having to undergo consular processing abroad (and triggering the 3 or 10-year unlawful presence bar).
Who benefits from 245(i) Life Act?
Example 1: Kristie filed an immigrant petition for her sister, Madison, before April 30, 2001. Madison had a son, Parker, who was 5 years old at the time. If Parker enters the U.S. without inspection and later marries a U.S. citizen, he may be allowed to adjust status using the 245(i) Life Act.
Example 2: Tom filed an immigrant petition for his brother, Nathan, before April 30, 2001. Nathan did not have any children when the petition was filed. However, if Nathan had children before April 30, 2001, his children may be allowed to adjust status using the 245(i) Life Act.
Example 3: Evan is a U.S. citizen. Evan marries Jenny, who entered the U.S. unlawfully. Evan filed an immigrant petition for her before April 30, 2001. Before the petition was approved, Evan and Jenny divorce. In 2019, Jenny marries John, a U.S. citizen. Jenny may be able to adjust status using the 245(i) Life Act.
Why was my 245(i) Life Act application denied?
The 245(i) Life Act application process is complicated. If you believe that you may qualify under the 245(i) Life Act contact an experience attorney to analyze your case. Attorney Nguyen has successfully argued 245(i) eligibility with the U.S. Citizenship and Immigration Services (USCIS) and before the Executive Office of Immigration Review (EOIR).
Experience Matters
The Law Office of David Nguyen, PC has successfully handled hundreds of immigration petitions and/or applications – and can assist you with your immigration needs.
For more information on Can I qualify for a Green Card using 245i Life Act, a consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 777-1236 today. We have two convenient locations in north and south Houston, Texas.
Common Questions We Can Help You With
- What is the 245(i) Life Act?
- Who qualifies for a Green Card under 245(i)?
- Can I apply for adjustment of status if I entered without inspection under 245(i)?
- What is the filing deadline for 245(i) eligibility?
- What types of petitions or labor certifications qualify under 245(i)?
- How do I prove eligibility for 245(i)?
- What is the penalty fee for applying under 245(i)?
- Can family members benefit from 245(i) grandfathering?
- What is the difference between principal and derivative beneficiaries under 245(i)?
- Can I use 245(i) if my petition was denied?
- Does 245(i) apply to employment‑based cases as well as family‑based?
- What documents are required to file under 245(i)?
- How does 245(i) interact with unlawful presence bars?
- Can I still qualify for 245(i) if I overstayed my visa?
- What is the difference between 245(i) and other adjustment of status provisions?
- How do I know if my old petition or labor certification makes me “grandfathered” under 245(i)?
- Can I obtain work authorization while applying under 245(i)?
- What are common mistakes when filing under 245(i)?
- How long does it take to get a Green Card through 245(i)?
- Is 245(i) still available today, or has it expired?
Call For A Free Consultation*
(281) 777-1236